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The State Of Orissa vs Sudhansu Sekhar Misra And Ors on 7 November, 1967
A
decision is an authority for what it actually decides. What is of the
essence in a decision is its ratio and not every observation found
therein nor what logically flows from the various observations made in
the judgment. The enunciation of the reason or principle on which a
question before a Court has been decided is alone binding as a
precedent. (See: State of Orissa v. Sudhansu Sekhar Misra and Ors.
(AIR 1968 SC 647) and Union of India and Ors. v. Dhanwanti Devi
and Ors. (1996 (6) SCC 44). A case is a precedent and binding for
what it explicitly decides and no more. The words used by Judges in
their judgments are not to be read as if they are words in an Act of
Parliament.
Union Of India & Ors vs Dhanwanti Devi & Ors on 21 August, 1996
A
decision is an authority for what it actually decides. What is of the
essence in a decision is its ratio and not every observation found
therein nor what logically flows from the various observations made in
the judgment. The enunciation of the reason or principle on which a
question before a Court has been decided is alone binding as a
precedent. (See: State of Orissa v. Sudhansu Sekhar Misra and Ors.
(AIR 1968 SC 647) and Union of India and Ors. v. Dhanwanti Devi
and Ors. (1996 (6) SCC 44). A case is a precedent and binding for
what it explicitly decides and no more. The words used by Judges in
their judgments are not to be read as if they are words in an Act of
Parliament.
Sarva Shramik Sanghatana (K.V) Mumbai vs State Of Maharashtra And Others on 28 November, 2007
In Sarva Shramik Sanghatana (K.V), Mumbai vs. State of
Maharashtra & Ors. - AIR 2008 SC 946, this Court cited the following
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passage from Quinn v. Leathem [1901 AC 495] with approval :
Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002
In Bhavnagar University vs. Palitana Sugar Mills Pvt. Ltd - (2003)
2 SCC 111 (vide paragraph 59), this Court observed :
Bharat Petroleum Corporation Ltd. And ... vs N.R. Vairamani And Anr on 1 October, 2004
17. As held in Bharat Petroleum Corporation Ltd. & another vs.
N.R.Vairamani & another - (AIR 2004 SC 4778), a decision cannot be
relied on without disclosing the factual situation. In the same judgment
this Court also observed:-
Lucknow Development Authority vs M.K. Gupta on 5 November, 1993
13. Let us examine whether the said decision has any relevance. To
understand a decision correctly it is necessary to first know the facts of
the case. The facts in Lucknow Development Authority were that even
after the payment of the entire amount by the respondent for the flat
which was allotted to him, possession was not given to him and the work
of constructing the flat was still incomplete, although the time for
handing over the possession had expired. In these circumstances, the
National Consumer Commission ordered possession of the flat to be
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handed over without delay after completing the construction work and it
further directed payment of 12% simple interest on the deposit made by
the respondent. The question that was considered was whether any act or
omission by the Development Authority relating to housing activity such
as delay in delivery of possession of the houses to the allottees, non-
completion of the flat within the stipulated time or defective or faulty
construction etc. will come within the purview of the Act. The
submission before this Court in that case was that Statutory Development
Authorities do not come within the purview of the Act. While negativing
the said contention, this Court observed that activities which are not
otherwise commercial, but professional or service oriented in nature will
come within the purview of the definition of `service' in Section 2(o) of
the Act. But the said observation is of no relevance. The Board is not
carrying on any commercial, professional or service-oriented activity. No
`benefit' is conferred nor any `facility' provided by the Board for any
consideration. Therefore, the said decision is inapplicable.